Summary: We will not investigate this complaint about how the Council dealt with reports of anti-social behaviour. The early part of the complaint is late. There is not enough evidence of fault in how the Council dealt with recent concerns to justify our involvement.

The complaint

1. Ms X complained about how the Council had dealt with her reports of her neighbour’s anti-social behaviour since 2019. She said despite the Council’s intervention the matter had not resolved. She said she felt unable to use her back garden. She said her neighbour had also started to make noise that was affecting her ability to sleep. She wants the Council to consider taking formal action against her neighbours.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X complained about how the Council had dealt with her neighbour’s anti-social behaviour since 2019. We expect a person to contact us within twelve months of the issue they complain about. Ms X complained to the Ombudsman in 2024. Therefore, the early part of the complaint is late and there is no good reason to exercise discretion to consider it now.
8. Ms X contacted the Council in Autumn 2023 about her neighbour’s behaviour. The Council wrote to the neighbour about the concern raised. It also spoke to the neighbour who agreed to take action to address the problem. The Council’s complaint response indicates the situation began to improve. It also confirms it stayed in regular contact with Ms X about the situation. We will not investigate this complaint further. The Council contacted Ms X’s neighbour after she reported her concerns and took action to address the situation. There is not enough evidence of fault to justify our involvement.
9. Ms X more recently raised concerns around noise nuisance. The Council arranged a further visit to her neighbour. Following its consideration of noise nuisance, it telephoned Ms X with the outcome of its investigation. Ms X and her neighbour agreed to mediation to resolve the issue. The Council closed her case. If Ms X is unhappy with how the Council considered her reports of noise nuisance, she would need to make a new complaint to the Council. Once that complaint has exhausted the Council’s complaint process, she can return to us.

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Final decision

10. We will not investigate Ms X’s complaint because the early part of her complaint is late and there is not enough evidence of fault in how it dealt with recent matters to justify our involvement.

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Investigator's decision on behalf of the Ombudsman